logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.05.15 2014노129
공인중개사의업무및부동산거래신고에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants is unreasonable because each sentence of the lower court (a fine of one million won is imposed on the Defendants A, and a fine of three million won is imposed on the Defendants B) is too unreasonable.

2. The Defendants appear to have led to the confession of the instant crime and the misunderstanding, the fact that the Defendants returned the commission of brokerage received by the Defendants to the clients in excess of the provision, and the economic situation of the Defendants is not good.

However, the commission that the defendants received in excess of the provision reaches a considerable amount of 2.48 million won, and the crime of this case is contrary to the legislative purpose of the "Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions" that contributes to the protection of people's property rights by enhancing the credibility of real estate brokers and establishing a fair real estate transaction order, and thus, the quality of the crime is not easy. The defendant B has two times the records of punishment for the same kind of crime, the fairness of sentencing with the same kind of crime, the age, character and conduct of the defendants, the motive for the crime of this case, and the circumstances after the crime are considered appropriate.

Therefore, the Defendants’ assertion is without merit.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow